[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Notices]
[Pages 37120-37121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14895]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-919]


Electrolytic Manganese Dioxide From the People's Republic of 
China: Rescission of the Antidumping Duty Administrative Review; 2018-
2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is rescinding this 
review. The period of review (POR) is October 1, 2018, through 
September 30, 2019.

DATES: Applicable July 14, 2021.

FOR FURTHER INFORMATION CONTACT: Krisha Hill, AD/CVD Operations, Office 
IV, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-4037.

SUPPLEMENTARY INFORMATION:

Background

    On February 23, 2021, Commerce published its preliminary rescission 
of this administrative review in the Federal Register and invited 
parties to comment thereon.\1\ For a discussion of events subsequent to 
the Preliminary Recission, see the Issues and Decision Memorandum.\2\ 
On June 21, 2021, Commerce extended the deadline for issuing the final 
results of this review until July 14, 2021.\3\
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    \1\ See Electrolytic Manganese Dioxide from the People's 
Republic of China: Preliminary Rescission of the Antidumping Duty 
Administrative Review; 2018-2019, 86 FR 10925 (February 23, 2021) 
(Preliminary Rescission).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2018-2019 Antidumping Duty Administrative 
Review of Electrolytic Manganese Dioxide from the People's Republic 
of China,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
    \3\ See Memorandum, ``Electrolytic Manganese Dioxide from the 
People's Republic of China: Antidumping Duty Administrative Review; 
2018-2019; Extension of Deadline for Final Results,'' dated June 21, 
2021.
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Scope of the Order

    The merchandise covered by the order includes all manganese dioxide 
(MnO2) that has been manufactured in an electrolysis process, whether 
in powder, chip, or plate form. Excluded from the scope are natural 
manganese dioxide (NMD) and chemical manganese dioxide (CMD). The 
merchandise subject to the order is classified in the Harmonized Tariff 
Schedule of the United States (HTSUS) at subheading 2820.10.00.00. 
While the HTSUS subheading is provided for convenience and customs 
purposes, the written description of the scope of the order is 
dispositive.

Analysis of the Comments Received

    We addressed the issues raised in the case and rebuttal briefs that 
were submitted in this review in the Issues and Decision Memorandum. A 
list of the sections in the Issues and Decision Memorandum is in the 
appendix to this notice. The Issues and Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html.

Rescission of Administrative Review

    As discussed in the Issues and Decision Memorandum, Duracell 
(China) Limited (DCL), the sole company under review reported that 
neither it, nor its U.S. affiliates, sold subject merchandise or 
further manufactured subject merchandise (i.e., batteries containing 
subject merchandise) to unaffiliated U.S. customers during the POR. 
Moreover, Commerce determined that DCL did not adequately demonstrate 
that it could trace the POR entry of subject merchandise, which was 
used to manufacture batteries in the United States, to particular 
batteries that were sold to unaffiliated U.S. customers after the end 
of the POR. Therefore, we have determined that there are no reviewable 
sales with which to calculate a dumping margin and we have rescinded 
this review.\4\
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    \4\ See 19 CFR 351.213(d)(3).
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Assessment

    We intend to instruct U.S. Customs and Border Protection (CBP) to 
liquidate POR entries of subject merchandise from DCL at the rate 
applicable at the time of entry into the United States,

[[Page 37121]]

which is the China-wide entity rate (i.e., 149.92 percent).
    Consistent with its recent notice,\5\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of this notice in the Federal Register. If a timely 
summons is filed at the U.S. Court of International Trade, the 
assessment instructions will direct CBP not to liquidate relevant 
entries until the time for parties to file a request for a statutory 
injunction has expired (i.e., within 90 days of publication).
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    \5\ See Preliminary Rescission.
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Cash Deposit Requirements

    Because we rescinded this administrative review, we have not 
calculated a company-specific dumping margin for DCL. Therefore, 
entries of DCL's subject merchandise continue to be subject to the 
China-wide cash deposit rate of 149.92 percent. This cash deposit rate 
requirement shall remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
Administrative Protective Order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or destruction of 
APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a sanctionable violation.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 7, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix

List of Sections in the Issues and Decision Memorandum

I. Summary
II. Background
III. Discussion of the Issues
    Comment 1: Whether Commerce Should Rescind the Administrative 
Review
    Comment 2: Whether DCL Has Linked its POR Entry to Post-POR Sale
V. Recommendation

[FR Doc. 2021-14895 Filed 7-13-21; 8:45 am]
BILLING CODE 3510-DS-P